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How does kiddushin work when a woman tells a man to give money to a third party? The shiur analyzes the machlokes Rishonim whether she's mekudeshes through the actual money (Rashi (רש"י)) or through the pleasure of his compliance (Tosafos (תוספות), Rambam (רמב"ם)). The din of arev and eved k'naani provide the legal mechanisms.
This shiur provides an in-depth analysis of Kiddushin 6b, focusing on the Gemara (גמרא)'s discussion of how kiddushin can be effected when money is given to a third party rather than directly to the woman. The sugya presents three fundamental cases that reveal different mechanisms of acquisition in marriage. The core dispute centers on Rashi (רש"י) versus the Tosafos (תוספות), Ran, Rashba, and Rambam (רמב"ם). According to Rashi, when a woman (A) says to a man (B), "Give money to C and I will be married to you," and B gives the money to C and says "hiskadechi li," she becomes mekudeshes through the actual money that was transferred. Rashi views this as if she herself received the monetary value - the transfer to the third party at her instruction is legally equivalent to her receiving the funds directly. The amira (verbal declaration) comes from the one performing the act of kiddushin.
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Kiddushin 6b
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
